Howard Jarvis Taxpayers Assn. v. Powell CA4/2
Opinion
Opinion
I. BACKGROUND
Howard Jarvis and the Water District have litigated repeatedly. Some of the cases
originated as lawsuits filed by Randall Roberts where Howard Jarvis later substituted in
as the plaintiff. Howard Jarvis initiated others. We recently decided two appeals
between these parties. In one, we held that the validation statutes (Code Civ. Proc.,
§§ 860-870) applied to the Water District’s ad valorem property tax. (Coachella Valley
Water District v. Superior Court of Riverside County (2021) 61 Cal.App.5th 755
(Coachella I).) In the other, we held that the Water District’s interfund loan did not
violate Propositions 26 and 218. (Howard Jarvis Taxpayers Association v. Coachella
Valley Water District (Feb. 10, 2023, E078411) [nonpub. opn.] (Coachella II).) In other
active appeals before us, we will consider whether the Water District’s canal rates and 1 groundwater assessment charge violate Propositions 26 and 218. But this appeal
involves pretrial orders in the groundwater assessment charge case against the Water
District, and although the several other defendants in the case are parties to this appeal,
the Water District is not.